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KLEIN'S MOVING v. WESTPORT

196 Misc.2d 735 (2003)

766 N.Y.S.2d 495

KLEIN'S MOVING & STORAGE, INC., Plaintiff, v. WESTPORT INSURANCE CORPORATION et al., Defendants.

Supreme Court, Kings County.

July 9, 2003.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, L.L.P. (Alison M. Wiland of counsel), for Selective Way Insurance Company, defendant.

Alex Muller, New York City, for plaintiff.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Defendant Selective Way Insurance Company (Selective) moves, pursuant to CPLR 3211 (a) (1) and (7), for an order dismissing plaintiff's complaint insofar as asserted against it. Selective further requests that, pursuant to CPLR 3211 (c) and 3001, the court treat its motion as one for summary judgment and declare that Selective has no obligation to pay the asserted...

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